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Rapidity Communications Limited, Citybridge House, 235-245 Goswell Road, London, EC1V 7JD t:020 7689 8686 e:

Rapidity Communications Limited

TERMS & CONDITIONS (2004)

Estimates (a)Estimates are based on Rapidity Communications's current costs of production and, unless otherwise agreed, are subject to amendment on or at any time after acceptance to meet any rise or fall in such costs.

(b) Estimates are based on the information supplied by the cutomer at the time of quoting. Extra charges will be made where the specification changes or where additional work is required.

(d) All estimates are quoted net of VAT. VAT will be added to prices where applicable.

2.Tax Rapidity Communications reserves the right to charge the amount of any value added tax payable whether or not included on the estimate or invoice.

3.Preliminary work All work carried out, whether experimentally or otherwise, at customer's request is liable to be charged (unless otherwise agreed).

4.Copy A charge may be made to cover any additional work involved where copy supplied is not clear and legible.

5.Electronic files (a) It is the customer's responsibility to maintain a copy of any original electronic file*.

(b) Rapidity Communications shall not be responsible for checking the accuracy of supplied input from an electronic file unless otherwise agreed.

(c) Without prejudice to clause 14, if an electronic file is not suitable for outputting on equipment normally adequate for such purposes without adjustment or other corrective action Rapidity Communications may make a charge for any resulting additional cost incurred.

6.Proofs Proofs of all work may be submitted for customer's approval and Rapidity Communications shall incur no liability for any errors not corrected by the customer in proofs so submitted. Customer's alterations and additional proofs necessitated thereby shall be charged extra. When style, type or layout is left to Rapidity Communications' judgement, changes there from made by the customer shall be charged extra.

7.Colour proofs Due to differences in equipment, paper, inks and other conditions between colour proofing and production runs, a reasonable variation in colour between colour proofs and the completed job will be deemed acceptable unless otherwise agreed.

8.Variations in quantity Every endeavour will be made to deliver the correct quantity ordered, but estimates are conditional upon margins of 5 per cent for work in one colour only and 10 per cent for other work being allowed for overs or shortage (4 per cent and 8 per cent respectively for quantities exceeding 50,000) the same to be charged or deducted.

9.Delivery and payment (a) Delivery of work shall be accepted when tendered and thereupon, or if earlier on notification that the work has been completed, payment shall become due.

(b) Unless otherwise specified the price is for delivery of the work to the customer's address as set out in the estimate. A charge may be made to cover any extra costs involved for delivery to a different address.

(c) Should expedited delivery be agreed an extra may be charged to cover any overtime or any other additional costs involved.

(d) Should work be suspended at the request of or delayed through any default of the customer for a period of 30 calendar days Rapidity Communications shall then be entitled to payment for work already carried out, materials specially ordered and other additional costs including storage.

10.Ownership and risk (a) The risk in all goods delivered in connection with the work shall pass to the customer on delivery.

(b) Goods supplied by Rapidity Communications remain Rapidity Communications' property until the customer has paid for them and discharged all other debts owing to Rapidity Communications.

11.Claims Advice of damage, delay or loss of goods in transit or of non-delivery must be given in writing to Rapidity Communications within three clear days of delivery (or, in the case of non-delivery, within 28 days of notification of despatch of the goods) and any claim in respect thereof must be made in writing to Rapidity Communications within seven clear days of delivery (or, in the case of non-delivery, within 42 days of notification of despatch). All other claims must be made in writing to Rapidity Communications within 28 days of delivery. Rapidity Communications shall not be liable in respect of any claim unless the aforementioned requirements have been complied with except in any particular case where the customer proves that (i) it was not possible to comply with the requirements and (ii) advice (where required) was given and the claim made as soon as reasonably possible.

12.Liability (a)Rapidity Communications shall not be liable for indirect loss or third party claims occasioned by delay in completing the work or for any loss to the customer arising from delay in transit, whether as a result of Rapidity Communications' negligence or otherwise.

(b) Insofar as is permitted by law where work is defective for any reason, including negligence, Rapidity Communications' liability (if any) shall be limited to rectifying such defect. Where Rapidity Communications performs its obligations to rectify defective work under this condition the customer shall not be entitled to any further claim in respect of the work done nor shall the customer be entitled to treat delivery thereof as a ground for repudiating the contract, failing to pay for the work or cancelling further deliveries.

(c) Nothing in these conditions shall exclude Rapidity Communications’ liability for death or personal injury as a result of its negligence.

13.Customer's property Customer's property and all property supplied to Rapidity Communications by or on behalf of the customer shall while it is in the possession of Rapidity Communications or in transit to or from the customer be deemed to be at customer's risk unless otherwise agreed and the customer should insure accordingly.

14.Materials supplied by the customer (a) Rapidity Communications may reject any supplied or specified by the customer which appear to him to be unsuitable. Additional cost incurred if materials are found to be unsuitable during production may be charged except that if the whole or any part of such additional cost could have been avoided but for unreasonable delay by Rapidity Communications in ascertaining the unsuitability of the materials then that amount shall not be charged to the customer.

(b) Where materials are so supplied or specified, Rapidity Communications will take every care to secure the best results, but responsibility will not be accepted for imperfect work caused by defects in or unsuitability of materials so supplied or specified.

15.Illegal matter (a) Rapidity Communications shall not be required to print any matter which in his opinion is or may be of an illegal or libellous nature or an infringement of the proprietary or other rights of any third party.

(b) Rapidity Communications shall be indemnified by the customer in respect of any claims, costs and expenses arising out of any libellous matter or any infringement of copyright, patent, design or of any other proprietary or personal rights contained in any material printed for the customer. The indemnity shall include (without limitation) any amounts paid on a lawyer's advice in settlement of any claim that any matter is libellous or such an infringement.

16.Force majeure Rapidity Communications shall be under no liability if he shall be unable to carry out any provision of the contract for any reason beyond his reasonable control including (without limiting the foregoing): Act of God; legislation; war; fire; flood; drought; inadequacy or unsuitability of any instructions, electronic file or other data or materials supplied by the customer; failure of power supply; lock-out, strike or other action taken by employees in contemplation or furtherance of a dispute; or owing to any inability to procure materials required for the performance of the contract. During the continuance of such a contingency the customer may by written notice to Rapidity Communications elect to terminate the contract and pay for work done and materials used, but subject thereto shall otherwise accept delivery when available.

17.Law These conditions and all other express and implied terms of the contract shall be governed and construed in accordance with the laws of England.